Personal Wealth Partners, LLC v. Ryberg et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Personal Wealth Partners, LLC, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Gary Dean Ryberg and Kestra Investment 	)
Services, LLC, 	)
)
Defendants. 	)
)
vs. 	)
)
Daniel E. Steichen, 	) 	Case No. 1:22-cv-144
)
Additional Counterclaim 	)
Defendant. 	)
On December 19, 2024, Judge Traynor issued an order requiring the Parties to participate
in a settlement conference with the undersigned on January 9, 2025, at 9:00 AM CST. (Doc. No.
206). The undersigned subsequently issued an order that provided in relevant part the following:
The [settlement] conference will be held in Bismarck (courtroom 2) and attended,
in-person or virtually, by all parties, together with trial counsel (if they are
represented) for each party. At least one person for each party shall appear in person
to facilitate the virtual appearance by others. Requests for relief from this
requirement must be made in advance.
(Doc. No. 208).
On December 23, 2024, the Parties filed a “Joint Motion to Permit Remote Appearances at
Settlement Conference.” (Doc. No. 209). They request that all of them be permitted to appear at
the settlement conference remotely as “none of the Parties or counsel in this matter are local to
Bismarck, North Dakota,” and that “t he requirement that at least one person for each party attend
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the Settlement Conference in person imposes the cost of travel and accommodation for counsel to
attend the Settlement Conference upon the Parties.” (Doc. No. 209).
The Parties’ statement that none of Parties or counsel are local to Bismarck is inaccurate as
the record reflects that Plaintiff has retained local counsel with an office in Bismarck. Absent more,
the fact that the Parties or counsel may not all be local to Bismarck is not reason enough to waive
the requirement that each Party have a representative present to facilitate the virtual appearance of
others. The requirement that each Party have a representative physically present at the settlement
conference is not particularly onerous.
The undersigned nevertheless appreciates that the settlement conference was scheduled on
relatively short notice to take place immediately following holiday season, which arguably could
create some logistical issues for the Parties and counsel. Consequently, the court shall GRANT IN
PART the Parties’ motion (Doc. No. 209) and relieve the Parties of the requirement that they each
have a representative present at the courthouse in Bismarck on January 9, 2024.
The Parties and their counsel shall be permitted to appear at the settlement conference
virtually. The Parties shall make the necessary arrangements among themselves for the settlement
conference to be conducted virtually. 	As Plaintiff has retained local counsel with an office in
Bismarck, the court shall require a person (read: support staffer, IT person, etc.) from that office to
appear personally in court at 9:00 AM on January 9, 2024, to ensure that the undersigned is able
to connect with everyone else virtually. The parties shall provide the undersigned with a status
report at least two days prior to the settlement conference to advise of the arrangements they have
made for proceeding virtually. This status report should be emailed to the undersigned at ndd_J-
Hochhalter@ndd.uscourts.gov.
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IT IS SO ORDERED.
Dated this 26th day of December, 2024.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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